The 10th Anniversary of the constitution of the High Commissioner for the Protection of Rights, Liberties, and for Mediation of Monaco was commemorated in a ceremony attended by prominent personalities in the field of human rights, rule of law and governance. The Office was established by the Sovereign Ordinance of 30 October 2013. It is a recognised fact that the office of the High Commissioner has played a remarkable role in the Principality of Monaco in protecting the fundamental rights of persons and actively acting as a mediator.

The event was not only held under the patronage but was also attended by H.S.H. Prince Albert II of Monaco. The distinguished guests who were invited to attend and were present for the occasion included the Parliamentary Ombudsman of Malta, Judge Emeritus Joseph Zammit McKeon.

In her introductory address, Ms Marina Ceyssac, [link to speech] the current High Commissioner of Monaco, highlighted her institution’s role as a protector of rights and liberties, emphasising her office’s drive to support persons seeking to assert their rights in everyday life outside the formal legal process.

The event was also addressed by Mr Peter Svetina, [link to speech] Ombudsman of Slovenia and Vice President of the Association of Mediterranean Ombudsmen. He dwelt on various issues that should be on the agenda of every Ombudsman institution, foremost amongst which the protection of human rights of every person, on the one hand, and the other, placing central in the initiatives of the office of the Ombudsman the right to good administration in domestic law following on the model already in force within the framework of Article 41 of the Charter of Fundamental Rights of the European Union.

Mr Patrice Davost, [link to speech] representing Monaco as a member of the European Commission, highlighted the importance of combating racism and intolerance and how the Principality’s efforts align with broader European initiatives. Mr. Davost detailed the ECRI’s work, goals, and impact while recognising Monaco’s significant contributions to these efforts.

Next to address those present was Ms Stéphanie Mourou-Vikström, [link to speech] Monegasque Judge of the European Court of Human Rights. Her presentation was particularly important in the sense that she expressly advocated the role of the Office of the Ombudsman not just as an investigator of malpractice by the public administration but more so as a promoter and a defender of fundamental human rights prior to resorting to litigation.

H.S.H. Prince Albert II of Monaco concluded the event by thanking all those present for attending, especially the representatives from Ombudsman institutions outside Monaco, including Malta. He had words of praise for the former High Commissioner Ambassador Claire Eastwood, who incidentally will be taking up office as Ambassador of the Principality of Monaco to Malta, and also for the current High Commissioner Ms Marina Ceyssac and her dedicated team for their sterling work in their daily efforts in promoting and defending human rights.

“The joint Muslim-Jewish observance of International Holocaust Remembrance Day is a beacon of hope at a time when divisions often seem insurmountable. This commitment to fostering partnerships and meaningful dialogue is a powerful testament to the strength that lies in unity”, said the Council of Europe Commissioner for Human Rights, Dunja Mijatović, in support of the joint Muslim-Jewish commemorative event, which is taking take place at the Srebrenica Memorial Center in Potočari, Bosnia and Herzegovina, on 27 January 2024.

“We are witnessing a disturbing rise in acts of violence, hate speech, discrimination and incitement to hatred based on religion or belief. Mosques, synagogues and other religious places, as well as private homes, have been targeted and vandalised.

Across Europe, the rise in anti-Muslim and antisemitic incidents is a reminder of a dark past and a stark warning of the challenges ahead.

These acts run counter to the basic principles of pluralism, respect and openness to which we are all bound, and which have been upheld by the European Court of Human Rights. We must remember our duty to act decisively against hate speech, incitement to religious violence and discrimination. It is our collective responsibility to create conditions conducive to remembering and commemorating the victims of past genocides and fighting all manifestations of antisemitism, anti-Muslim hatred and forms of ethnic or religious intolerance.

The commemoration in Potočari is a light in the darkness that I hope will inspire others to join and further these important efforts.”

Our Quarterly Bulletin highlights some of our most recent investigation reports and provides other updates on our work.

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Quarterly Bulletin - January 2024 (538.87 KB, pdf)

Asylum, migration and borders Borders and information systems

The Greek Ombudsman and FRA held an expert workshop for staff of the Cypriot and Greek ombuds bodies who work as forced return monitors

Experts from the European Commission, Frontex, the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, European Court of Human Rights and Hellenic Police also took part.

Participants discussed legal and practical aspects of ensuring respect for the fundamental rights of non-EU nationals during removal operations.

FRA presented its latest overview of forced return monitoring systems in the EU.

The workshop took place in Athens on 22 and 23 January. It was financial supported by the EEA and Norway Grants.

New Public Interest reports issued by Public Services Ombudsman for Wales find that, in addition to the long delays experienced by all patients awaiting orthopaedic surgery, patients had been treated unfairly because of errors in the way Swansea Bay University Health Board had managed its orthopaedic surgery waiting lists.

About the complaint

The Ombudsman launched 3 separate investigations after receiving complaints about the management of orthopaedic waiting lists at Swansea Bay University Health Board.

All 3 complainants said that they had waited a long time for orthopaedic surgery and that their understanding of how they would be treated was not managed well by the Health Board regarding pre‑operative assessments.

What the Ombudsman found

The Ombudsman found that currently, the waiting time for orthopaedic surgery at the Health Board is more than 4 years.

The Health Board has had issues including not enough staff, not enough suitable places to operate, unclear management arrangements, and unclear processes for these operations.

The Ombudsman’s investigation found the following failings relating to management of the waiting list:

1. Mrs B was referred to hospital in 2018 for right hip pain and again in 2021 for left hip pain. The referral for her left hip was closed in error, but in 2023 her left hip was treated (as it was clinically worse).  She was removed from the waiting list for her right hip, even though this still required treatment.  Mrs B continues to experience severe pain in her right hip and after 5 years is still waiting for it to be operated on.

2. Mr C had been assessed as needing surgery within a month but waited 43 months (3 years 7 months) whilst in severe pain. During that time his position on the waiting list was reset in error and he was also removed from the list in error.

3. Mr D was removed from the waiting list when he missed surgical appointments because he was in hospital undergoing treatment for another illness. Despite provision in the guidance for this type of situation, Mr D was removed from the list and was waiting to be “treated in turn” which appears to be outside of the process.  Mr D received treatment in January 2024, 65 months (more than 5 years) after being added to the list for surgery. Mr D experienced a lot of pain, and this affected his wellbeing significantly.

These failings raised the Ombudsman’s concerns about how the whole waiting list has been managed.

The complainants were also put through the stress and pain of pre-operative assessments. These had falsely raised their hopes that surgery would happen soon.

Commenting on the report, Public Services Ombudsman for Wales, Michelle Morris, said:

“While patients are waiting for surgery on the list, they should be treated fairly in relation to the management of their place on that list, how they are communicated with about the time it is likely to take to receive treatment and to have their expectations fairly managed.

Patients who are already facing lengthy waiting times should feel able to rely on the Health Board to manage the waiting list well and in accordance with the waiting list guidelines.

These 3 cases demonstrate clear injustice to the patients.  In addition to these failings, the complainants had the unnecessary stress and pain of pre-operative assessments.  I am concerned that there appears to have been no thought for the impact of these on the patients’ wellbeing.

Recommendations

The Ombudsman made the following recommendations:

• the Health Board to review the decisions it made in respect of these complainants and their positions on the waiting list
• the Health Board to audit the whole waiting list to establish whether errors had been made on the waiting list times or improper removal from the list for other patients; and if so
• the Health Board should apologise to those patients and correct the errors.

Swansea Bay University Health Board has accepted the Ombudsman’s findings and conclusions and has agreed to implement these recommendations.